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Hi,
Just been informed that I am not eligible for postgraduate study loan on account of me not being married to my ex-eu partner anymore and me being a non-eu citizen myself.

I do have a brp based on ror.

Would be thankful if someone can verify if this information is correct.

Thanks.

Non-EEA Citizens on RoR must be either working or be self-sufficient. I would not suggest this as the best time to take time off for studies.

mallakxxxx wrote:Hi,
Just been informed that I am not eligible for postgraduate study loan on account of me not being married to my ex-eu partner anymore and me being a non-eu citizen myself.

I do have a brp based on ror.

Would be thankful if someone can verify if this information is correct.

Thanks.

I have encountered few people with similar problems.

I have made enquiries and the local authority say that they are relying on Article 24 (2).

I an still studying community law to see if they are justified in doing so.

If they are correct, then a family member who retain their right of residence and in University, who was victim of domestic violence, will lose their rights to continued student support.

This does not seem right to me.

secret.simon wrote:Non-EEA Citizens on RoR must be either working or be self-sufficient. I would not suggest this as the best time to take time off for studies.

Cheers.
But that does not answer the question.
I am working and will continue to work and planning to do a part-time masters.
You are correct though, maybe in the current climate it is not the best idea.

What does article 24(2) state?

What I have been told is that if I cease to be a family member of an EU national, thn I would not be classed as a home student.

Also , if I was getting any student finance, I would have to return it immediately upon the termination of my relationship with the EU family member.....which seems odd but so I've been told.

mallakxxxx wrote:What does article 24(2) state?

Obie has provided a link. I am sure that as a post-graduate study aspirant, you know how to operate it.

mallakxxxx wrote:What I have been told is that if I cease to be a family member of an EU national, thn I would not be classed as a home student.

Prima facie, it does seem that the law specifically only covers EEA citizens and their family members. It does there seem that on divorcing the EEA citizen, you would be classified as an overseas student. See the UKCISA guide on home student status and the definition of EC Nationals in the Education (Fees and Awards) (England) Regulations 2007.

In the light of the case of TIgere/url] it is difficult to see whether their position is tenable.

When one looks at [url=http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12012P/TXT&from=EN]Article 14 of the charter of Fundamental right,

When you look at the fact that a person retains a right of residence, not acquire a right of residence. it is arguable, that the end of their marital status should not result in the end of the rights they ones enjoy before they cease from being a family member, otherwise it will not be a retained right.